In Lake Isabella Development, Inc v Village of Lake Isabella, 259 Mich App 393; 675 NW2d 40 (2004), the firm represented the Michigan Association of Home Builders and the Michigan Association of REALTORS® in support of a developer’s challenge to Michigan Department of Environmental Quality rules.  Under those rules, private sewer systems that meet all State requirements must still be accepted by the local government.  The Court of Appeals held that the MDEQ has exclusive authority over those systems; its rule giving local governments – in effect, a veto, by requiring applicants also to obtain a resolution from the local government agreeing to take over the sewage system if the owner fails to operate it properly – is invalid.

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